Uttarakhand High Court
7 August vs State Of Uttarakhand And Another on 7 August, 2025
2025:UHC:6959
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 233 of 2020
07 August, 2025
Deepa --Revisionist
Versus
State of Uttarakhand and Another --Respondent
With
Criminal Revision No. 176 of 2020
Amit Prakash --Revisionist
Versus
State of Uttarakhand and Another --Respondent
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Presence:-
Mr. Ayush Agarwal, learned counsel holding brief of Mr. Akhil Kumar Sah,
Advocate for the revisionist in CRLR/233/2020.
Mr. Dinesh Chauhan, learned Assistant Government Advocate for the
State/respondent no.1.
Mr. Ajay Singh Bisht, learned counsel for respondent no.2 in CRLR/233/2020.
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Hon'ble Subhash Upadhyay, J.
The delay in filing the present criminal
revisions is not opposed by learned counsel for the
opposite parties. For the reasons stated in the
accompanying affidavits to the delay condonation
applications, the delay condonation applications are
allowed and the delay in preferring the criminal
revisions is condoned.
2. Since common questions of law and fact are
involved in these two revisions, therefore, they are
2025:UHC:6959
heard together and are being decided by this common
judgment. However, for the sake of brevity, facts of
Criminal Revision No.233 of 2020, alone are being
considered and discussed.
3. The present revision has been filed against
order dated 05.08.2019 passed by Judge, Family Court,
Nainital in Case No.60/2018, "Smt. Deepa Vs. Amit
Prakash" under Section 125 Cr.P.C. whereby learned
Judge, Family Court granted maintenance of ₹25,000/-
per month to the revisionist / wife from the date of
order whereas it is contended that respondent should
have been ordered to give maintenance from the date
of moving the application for maintenance under
Section 125 Cr.P.C.
4. Learned counsel for respondent no.2/husband
has placed on record order dated 25.11.2021 passed by
learned Judge, Family Court, Nainital by which suit filed
by the parties under Section 13B of the Hindu Marriage
Act, 1955 was decreed and the marriage solemnized
between the revisionist /wife and respondent
no.2/husband on 22.02.2015 was dissolved by mutual
consent.
5. Learned counsel for respondent no.2/husband
has drawn attention of this Court to paragraph no.2 of
order dated 25.11.2021 wherein there is a reference of
present criminal revision no.233 of 2020 and criminal
revision no.176 of 2020 and it has been settled
between the parties that on the date of posting of these
cases before the High Court, the parties will not press
2025:UHC:6959
the said cases. The parties have also settled for
permanent alimony and order dated 25.11.2021
reveals that an amount of ₹8,50,000/- was received by
revisionist/wife from respondent no.2/husband vide
cheque no.329559, State Bank of India, Augustmuni,
Rudraprayag and remaining amount of ₹8,50,000/-
shall be given on the date of decision. Learned counsel
for respondent no.2 further submits that the said
remaining amount has also been paid to
revisionist/wife and, as such, in view of the order dated
25.11.2021 passed by the Judge, Family Court, Nainital
the present revisions are liable to be dismissed.
6. In view of the above submissions, the
present criminal revisions stand dismissed, in terms of
the settlement reached between the parties.
7. Pending application, if any, also stand
disposed of.
(Subhash Upadhyay, J.)
07.08.2025
SUKHBANT
Sukhbant DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT
2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8
a6380d49b1885e628615, postalCode=263001,
SINGH
st=UTTARAKHAND,
serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D
72C42261361AED33172F152148D, cn=SUKHBANT SINGH
Date: 2025.08.08 11:28:54 +05'30'
